AN ACT Relating to preventing harassment, intimidation, or bullying in schools; adding new sections to chapter 28A.635 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature declares that a safe and civil environment in school is necessary for students to learn and achieve high academic standards. The legislature finds that harassment, intimidation, or bullying, like other disruptive or violent behavior, is conduct that disrupts both a student's ability to learn and a school's ability to educate its students in a safe environment.

Furthermore, the legislature finds that students learn by example. The legislature commends school administrators, faculty, staff, and volunteers for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying.

NEW SECTION. Sec. 2. As used in sections 3 through 5 of this act, "harassment, intimidation, or bullying" means any intentional gesture or written, verbal, or physical act that:

(1) A reasonable person under the circumstances should know will have the effect of harming a student or damaging his or her property, or placing a student in reasonable fear of harm to his or her person or damage to his or her property; or

(2) Is sufficiently severe, persistent, or pervasive that it creates what a reasonable person under the circumstances would find an intimidating, threatening, or abusive educational environment for a student.

NEW SECTION. Sec. 3. (1) Each school district shall adopt or amend if necessary its policy prohibiting harassment, intimidation, or bullying. Each school district shall have local control over the content of the policy as long as the policy contains, at a minimum, the components in subsection (2) of this section. It is recommended that the policy be adopted through a process that includes representation of parents or guardians, school employees, volunteers, students, administrators, and community representatives.

(2) Each school district's policy shall, at a minimum, include each of the following components:

(a) A statement prohibiting harassment, intimidation, or bullying of a student;

(b) A definition of harassment, intimidation, or bullying no less inclusive than that in section 2 of this act;

(c) A requirement that if an allegation is determined to be unfounded, a record of the allegation shall not be kept in the student's file; and

(d) A requirement that parents and guardians of those involved in incidents prohibited under (a) of this subsection be notified.

(3) Each school district shall adopt or readopt such a policy and transmit a copy of its policy to the office of the superintendent of public instruction by September 1, 2002.

(4) To assist school districts in developing policies for the prevention of harassment, intimidation, or bullying, the office of the superintendent of public instruction shall develop a model policy applicable to grades K-12. This model policy shall be issued no later than December 1, 2001.

(5) Notice of the school district's policy shall appear in any publication of the school district that sets forth the comprehensive rules, procedures, and standards of conduct for the school, and in any student handbook.

NEW SECTION. Sec. 4. A school employee, student, or volunteer, who in good faith promptly reports an incident of harassment, intimidation, or bullying to the appropriate school official designated by the school district's policy, and who makes this report in compliance with the procedures in the district's policy prohibiting bullying, harassment, or intimidation, is immune from a cause of action for damages arising from any failure to remedy the reported incident.

NEW SECTION. Sec. 5. (1) Schools and school districts are encouraged, but not required, to form bullying prevention task forces, programs, and other initiatives involving school staff, students, administrators, volunteers, parents, law enforcement, and community members.

(2) To the extent funds are appropriated for these purposes, each school district shall (a) provide training on the school district's harassment, intimidation, or bullying policies to school employees and volunteers who have significant contact with students, and (b) develop a process for discussing the district's harassment, intimidation, or bullying policy with students.

(3) Information regarding the school district policy against harassment, intimidation, or bullying shall be incorporated into each school's current employee training program.

NEW SECTION. Sec. 6. Sections 2 through 5 of this act shall not be interpreted to prevent a victim from seeking redress under any other available law either civil or criminal. Sections 2 through 6 of this act do not create or alter any tort liability.

NEW SECTION. Sec. 7. Sections 2 through 6 of this act are each added to chapter 28A.635 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.